The Importance of Upholding Merit-Based Judicial Selection in Kansas and Missouri

The Merit-Based Selection Process: An Overview

Choosing members of the high court should never be a random process. In Kanas and Missouri, this has been observed through a merit-based selection method that was formulated to ensure the fair and non-biased appointment of judges. This uniquely designed system has a history dating back to 1940 for Missouri and 1958 for Kansas—assuring the citizens of these states of an independent and competent judiciary. However, recent political maneuvering threatening to dismantle this merit-based scheme warrants alarm and discussion.

The Missouri and Kansas Plans: Designed for Non-Partisan Judge Selection

The merit-based selection procedure, commonly known as the Missouri plan, received voter approval back in 1940. The procedure involved the nomination of all judges by a commission followed by selection from the governor. This system’s influence spread nationally, reflecting its ingenuity and effectiveness. Kansas voters incorporated a similar amendment in 1958, continuing the tradition of independent and just judiciary selection. Both residents of Kansas and Missouri have immensely benefited from these non-partisan, merit-based systems.

Maintaining Judicial Independence is Essential

The paradigm shift suggesting that state supreme court members should stand for election or be appointed by the governor subject to confirmation by the state senate poses a significant risk. Trials and the administration of justice are not political rallies. Maintaining judicial independence and impartiality is critical in safeguarding the rule of law. When the specter of politics hovers over the judiciary, administration becomes compromised in favor of political rigging and power plays.

Retention Elections: A Response to the Demand for Judiciary Accountability

Advocates for a change in the system often cite the need for accountability in the judiciary. This accountability, they suggest, can only be achieved if judges are elected by the public. However, Missouri and Kansas already have provided a solution to this concern in the form of retention elections. Under this practice, voters have the opportunity to determine whether or not a judge should continue serving. These retention votes are held periodically throughout a judge’s tenure, ensuring the notion of continued public oversight.

Merit-Based Systems Promote Diversity and Equal Representation

Beyond fostering an independent judiciary, merit-based systems also encourage diversity in the courts, extending opportunities to women and minority groups who might otherwise be neglected in purely political selections. Consequently, a merit-based selection process ensures a judiciary that is reflective of the community it serves, leading to more comprehensive and equitable court decisions.

The Call to Safeguarding the Merit-Based Selection Process

As attorney Fred Logan, who was awarded the Philip H. Lewis Medal of Distinction by the Kansas Bar Association in 2023, correctly points out—the merit-based process for the appointment of state supreme court members has served Kansas and Missouri honorably, and it should continue to do so. The hundreds of rulings, fair proceedings, and just administration are testament to the success of this process. Preserving this process means reinforcing the judiciary’s independence, encouraging diversity, and strengthening the rule of law—a task we must all undertake for the benefit of our communities and states.

Originally Post From https://www.kansascity.com/opinion/readers-opinion/guest-commentary/article297930003.html

Ensuring Judicial Independence: Shunning Political Interference in Kansas and Missouri Supreme Courts